Kama Of Kingstone

I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

Any comments from the wise on this board?

Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation

the approval job code is 13-1111.00 - the new title i am getting is system analyst.

also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...

There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.


http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm

30 January 2007


There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.

Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.

Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.

"Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.

"If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"

Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.

A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.

Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.

franklin...good thread.

Just would like to request you and others who are responding to this thread...to take a look at the following thread.

http://immigrationvoice.org/forum/showthread.php?t=2700

This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.

This is going to increase IV membership too.

Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.

Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D

Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !

:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)

485 approved on August 31st. Approved 3 weeks after I sent out the RFE.

Thanks for your replies.

My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

OK ... what is your solution ?

Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?

Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D

Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

how would uscis have the ability to decode between a direct hire and a non direct hire application?

abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.

Please participate in the immigration lawyers conference call on 28th.

Common no one to pledge.... :o

I faced there are times that Email notification trigger didn't worked as expected.:(

I luv to send flowers,cards n sweets to IV leads.
comeon, gimme a big hug guys!!:p

;) I dont mind even a kiss..cas am so happy!

When I filed my 485, I gave My company address in all the applications. My company is in Washington State.

But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).

Also I move within california after filing 485.

Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.

That is what my company recomended me.

I got my EAD and all other receipts to the company address.

Waiting for AP and FP mails.

I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.

Hope this helps you.

Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.

First of all congrats for your I140......
Secondly, i8 was looking at the dates and the texas web site mentioned they are processing September 13, 2006 cases.......

But as per your information, it seems wrong..........
I guyess its just random case dates which are processed........ I will have my fingers crossed amd hopefully will get my gift soon.........

Thanks

......
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)


...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...

Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks

I suppose you are living in USA.

On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

To answer your question, you are a non-permanent resident alien.

This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.

you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess